Education Law Solicitor | Scott Moncrieff Solicitors

Education Law Solicitors

We know that when your child is not receiving the right education, the effects can be devastating for the whole family.

At Scott Moncrieff, we provide expert help to get your child the education they need. Your file will be managed by an experienced education solicitor from start to finish, and because we work differently to other law firms, we can offer services at a competitive price. In many cases, we will offer a fixed fee or a capped fee. A capped fee means that the amount quoted is the maximum we would charge; if the time recorded on your matter is less than the cap, we would simply charge what we have recorded.

Please note that unless otherwise stated all VAT is charged at the current rate of 20%.

See below for the main areas of work we offer. If you are worried about your child’s education and want clear guidance on the best way forward, speak to our team today. Call us on 020 3972 9011 or use our online contact form to arrange an initial discussion. If you need something that is not on the list, please get in touch to discuss how we can help.

Our Education Law Services

Refusal to assess appeals

If you are rejected for an EHC needs assessment, you can appeal to the Tribunal.

Refusal to assess appeals are generally decided “on the papers”, so no hearing is held. It is therefore very important that your appeal documentation presents your case persuasively.

We offer a capped fee for refusal to assess appeals, which is generally £1,000 plus VAT.

Refusal to issue appeals

If the local authority refuses to issue the Plan, you can appeal to the Tribunal.

We offer a capped fee for refusal to issue appeals, which is generally £2,500 plus VAT. This includes preparing the appeal, advising on evidence, commenting on the LA’s response, all additional casework and attending the hearing. If your case settles before hearing, the fee will likely be less than this.

Contents and placement appeals

If you are unhappy with the EHC Plan, you can appeal against the contents. These appeals can take place when a final EHC is issued for the first time, or following an annual review. You can appeal most parts of an EHC Plan, although not Part A (views, wishes and aspirations) or Part E (outcomes). However, the Tribunal can make “incidental” changes to these sections if you are appealing something else (for example, if the Tribunal orders new provision, it may also insert a new outcome for that provision), and sometimes changes can be agreed with the LA as part of negotiations. You can also ask the Tribunal to make recommendations about health and social care provision.

You can also appeal your child’s school place. This is often needed when your child is moving from one phase of education to another, but you can request a new school at any review and appeal if this is refused.

Contents appeals typically involve a lot of negotiating during the course of the case, and often it is possible to get a lot of amendments agreed with the local authority before the hearing

We offer a capped fee for contents appeals. The fee would depend upon what you are appealing, but is generally £5,000- £9,000 plus VAT. This includes drafting the appeal, advising on evidence, drafting and amending the working document, negotiating with the local authority and all other casework, as well as attending the hearing.

Disability discrimination

If your child’s school has treated them less favourably than other children because they have a disability, you may be able to bring a claim for disability discrimination. This treatment could include enforcing a rule that is very difficult or impossible for them to follow, denying them opportunities (for example not allowing them to go on school trips), failing to make reasonable adjustments (for example forbidding them to use equipment like a fiddle toy in a classroom, or wear a different uniform), or even unfairly excluding them.

We can represent you in any disability discrimination case that is heard in the SEND Tribunal (generally claims against schools). If you wish to bring a claim, please contact me for a no-obligation chat. I will give you some preliminary advice about possible grounds for a claim, advice on whether your child has a disability under the Equality Act, and advice about possible remedies that might be available to you.

Letters before Action and Judicial Review

If a Local Authority is not complying with its legal duties, you can force it to do so by way of judicial review. The first step to bringing a judicial review is to send a formal Letter Before Action. Often, Local Authorities will sort out the problem at this point without the need for further action.

For most education matters, we can offer a fixed fee for the letter before action, which will generally be around £500 – £750 plus VAT. (depending on complexity).

If the matter proceeds to judicial review, you may be able to get legal aid to cover your costs and we will discuss this with you at the time.

Contact our Education Law Solicitors for Advice

If you need focused advice about your child’s education and want practical support from experienced solicitors, we are here to help. Call 020 3972 9011 or complete our online contact form and we will respond promptly.